Ex Parte SCHULZ et al - Page 9



            Appeal No. 2001-0017                                                                       
            Application No. 09/040,479                                                                 

            We find nothing in either of these references, however, which                              
            would overcome the innate deficiencies of the previously                                   
            discussed Shimizu and Andrews ‘340 references.                                             
                  In summary, we have not sustained the Examiner’s 35 U.S.C.                           
            § 103(a) rejection of any of the claims on appeal.  Therefore,                             
            the decision of the Examiner rejecting claims 1-8, 10-12, and                              
            14-25 is reversed.                                                                         

                                              REVERSED                                                 



            KENNETH W. HAIRSTON          )                                                             
                        Administrative Patent Judge  )                                                 
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                                                            )   BOARD OF PATENT                        
                        JOSEPH F. RUGGIERO           )     APPEALS AND                                 
                        Administrative Patent Judge  )    INTERFERENCES                                
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                        MAHSHID D. SAADAT            )                                                 
                        Administrative Patent Judge  )                                                 


            JFR:hh                                                                                     


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